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(영문) 서울북부지방법원 2015.01.22 2013가합5729
대여금
Text

1. The defendant shall pay to the plaintiff KRW 72,105,023 and KRW 29,019,693 from September 26, 2014 to the day of full payment.

Reasons

1. The description of the claim is as shown in the annexed sheet of claim.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

3. In accordance with Article 2(3), (4), and Article 3 of the Interest Limitation Act and Article 2(1) of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014; hereinafter the same), if the Defendant appropriated the total amount of KRW 83,626,500 in the order of principal and interest paid by the Plaintiff, the Defendant appropriated the total amount of KRW 83,626,50 in the order of principal and interest as indicated in the payment of debt and calculation table of principal and interest in the separate sheet as of September 25, 2014 (= KRW 72,105,023 in the aggregate of the principal and interest remaining as of September 25, 2014 (=58,796,518 won, 13,308,505 won), and all other claims of the Plaintiff as to the satisfaction of debt and the excess amount are

[Plaintiff is a person who was paid a total of KRW 33,80,00 (total sum of the amounts repaid in the annexed Table) under the pretext of the agreement on each loan by the date indicated in the “the last day of payment of interest” in the annexed Table 2. However, the Plaintiff stated that the remainder of KRW 83,626,50 (the total sum of the amounts repaid in the annexed Table) out of the total amount of the above person’s repayment was not known. In accordance with the evidence No. 2, the Plaintiff shall be deemed to have received all of the remainder of the above person’s repayment on January 14, 2013 when the last day when the Plaintiff received a partial repayment from the Defendant on January 14, 2013. Accordingly, the amount of the above person’s repayment shall be deemed to have been paid to the Plaintiff in order of 3,380,000 won, KRW 3,096, KRW 3098, KRW 407, KRW 97,096, KRW 2096, KRW 3096,57.7.286, etc.

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